Patna High CourtCR. MISC./31515/2023bail granted

Loknath Rai v. The State Of Bihar

2023-05-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31515 of 2023 Arising Out of PS. Case No.-70 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== LOKNATH RAI SON OF SITARAM RAI Resident of village- Bhalua Nakta, P.S. Taraiya, District- Saran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Paroo P.S. Case No. 70 of 2019 dated 23.02.2019 registered for the offences punishable u/s 270, 272, 328, 467, 468, 471, 472, 419, 420 and 120B read with section 34 of the Indian Penal Code and 30, 30(a), 35(e), 36 and 38 of Bihar Prohibition and Excise Act and section 4/6 of the Trade Mark Act. As per the prosecution case, total 2057.550 litres of foreign liquor and 8,000 litres of spirit and other articles were recovered from a hut.

Patna High Court CR. MISC. No.31515 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The apprehended person disclosed the name of the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 17.04.2019 passed in Cr. Misc. No. 23669 of 2019. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Paroo P.S. Case No. 70 of 2019. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T